78B-11-112 - Appointment of arbitrator -- Service as a neutral arbitrator.
78B-11-112. Appointment of arbitrator -- Service as a neutral arbitrator.
(1) If the parties to an agreement to arbitrate agree on a method for appointing anarbitrator, that method must be followed, unless the method fails. If the parties have not agreedon a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and asuccessor has not been appointed, the court, on motion of a party to the arbitration proceeding,shall appoint the arbitrator. An arbitrator appointed by the court has all the powers of anarbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(2) An individual who has a known, direct, and material interest in the outcome of thearbitration proceeding or a known, existing, and substantial relationship with a party may notserve as an arbitrator required by an agreement to be neutral.
Renumbered and Amended by Chapter 3, 2008 General Session